Article 370 SC Verdict: We have held that Article 370 is a temporary provision.
New Delhi:
The Supreme Court today delivered its verdict on a highly anticipated case with far-reaching consequences: the legality of the Centre’s 2019 decision to revoke Article 370 of the Constitution, which granted special status to Jammu and Kashmir.
Here are the 5 big quotes from the ongoing hearing:
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Supreme Court upholds the validity of the scrapping of Article 370 in Jammu and Kashmir. The Supreme Court cannot sit in appeal over the decision of the President of India on whether the special circumstances under Article 370 exist. History shows the gradual process of constitutional integration was not going on. It was not as if after 70 years, the Constitution of India was applied in one go. It was a culmination of the integration process.
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We direct that the restoration of statehood in the Union Territory of Jammu and Kashmir shall be done at the earliest.
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We direct that steps be taken by the Election commission to conduct elections of Jammu and Kashmir Assembly by September 30, 2024.
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We have held that all provisions of the Constitution of India can be applied to Jammu and Kashmir using Article 370(1)(d) in one go. We do not find the use of Presidential power to issue CO 273 was mala fide. Thus we hold the exercise of Presidential power to be valid.
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The principle of consultation and collaboration was not required to be followed for the exercise of Presidential power. Concurrence of the state government was not required to apply all provisions of the Constitution using Article 370(1)(d). So the President taking the concurrence of the Union Govt was not mala fide.
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We have held that Article 370 is a temporary provision. Article 370 was an interim arrangement due to war conditions in the state.
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The state of Jammu and Kashmir does not have internal sovereignty different from other states. Whether Jammu and Kashmir retained an element of sovereignty or internal sovereignty when it joined the Union of India, we have held no.
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There is a clear absence in the Constitution of Jammu and Kashmir to the reference of sovereignty. That the State of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India.
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The Supreme Court refuses to rule on the validity of the Presidential rule imposed in Jammu and Kashmir in December 2018 since it was not specifically challenged by the petitioners.
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When a proclamation under Article 356 comes into force, countless decisions are taken by the Centre. Not every action can be challenged.
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